Copying: 11 must-know terms
Read in Indonesian
Image: Tra My Nguyen’s project for her master’s degree (left), installation from Balenciaga after the team asked for Tra My Nguyen’s portfolio (right)
The dominant belief that our culture holds is that originality is of the highest order: pure, sacred and must be protected at all costs. Walter Benjamin observed that an original loses its “aura” when copied and distributed. But that has changed in the course of time, as exposure is monetised (in this day and age, people often try to legitimise it as currency).
Jean Baudrillard, for example, identified what’s known as simulacra, copies that depict things that have no original—something incredibly prevalent today, as many derivatives exist that we can’t tell where what came from where and if there is a source.
“Start copying what you love. Copy copy copy copy. At the end of the copy you will find yourself,” said Japanese fashion designer Yohji Yamamoto. But do we really find ourselves? Are the means justifiable to the end? It’s a difficult discussion to have.
It can be difficult to navigate through this hot topic since many words have been used interchangeably and incorrectly. For starters, conversations on the matter tend to get stuck because the terms are not being properly used: we lack the terminology.
We’ve compiled the most common terms related to copying, with clear definitions and examples.
Counterfeit
All goods which are not original, created with the intention of deceiving i.e. made to pass as the real thing. The key term here is fraudulent as the intention is to deceive. Your Super KW Himalayan Birkins, KW Premium, KW Super 2, or KW Super 1 all fall under this category. It is illegal to produce and/or resell them—but surprisingly not to buy them.
Unfortunately, poor law enforcement, coupled with the ASEAN-China free trade agreement, make Indonesia a haven for the counterfeit industry. The legal and social consequences are not severe enough to deter this practice. Intellectual property-related court proceedings take at least 4 years, and counterfeit items are usually made in sweatshops in secrecy, often for money laundering.
In the US, however, a first-time offender is faces 10 years in prison and a $2 million fine.
Replica
These are detailed copies produced with the consent of the copyright holder, usually for display purposes. Replica is also called models or dummies. For example, Marcel Duchamp’s Fountain (a.k.a. the urinal) had 16 authorised copies that have been used for multiple exhibitions since the original has been lost. Counterfeiters often use the term ‘replica’ to market their goods with legitimacy.
Image: Fountain by Marcel Duchamp
Fake
Unauthorised goods created to pass as the real thing. All counterfeits are fakes, but not all fakes are counterfeits. Take money as an example. Fake money made for burnt offering in ancestor veneration, also known as joss paper, are obviously fake and not counterfeit. Fake notes used as a means of payment are fake and counterfeit.
Plagiarism
Claiming the authorship of an idea of another person as one’s own without acknowledging the original author or sources of the idea. French brand Balenciaga reportedly copied a student’s work for one of its campaign. Tra My Nguyen from Berlin University of the Arts revealed that the Balenciaga team had asked for her portfolio, but she was not credited for her ideas.
Knock-off, dupe, imitation
Goods that have the physical appearance of another product but without their brand. You can use this to describe all those high-street Casette bags that aren’t from Bottega Veneta, whether cheap or expensive. Knock-off is used to describe fast fashion.
Dupes are also popularly used to describe beauty products that are similar in quality or shade—applicable especially for drugstore makeup that can be considered as an alternative to a high-end product.
These are not illegal but can be disputed in court by the original brand.
Imitation denotes such goods that are poorly done. It is often used to describe jewelry.
Bootleg
Items that don’t pretend to pass as the real thing, with most intentionally making it look fake. Tommy Hilfiger was so popular in the 90s that people started making a range of Sports products—the line doesn’t even exist.
The DHL t-shirt by Vetements is a “bootleg,” while Gucci has gone totally meta and produces “bootleg” style products inspired by bootleg Gucci.
Image: DHL t-shirt from Vetements
Reproduction
To create the same thing anew, made by the official maker. Mattel made its very first vintage Barbie reproduction in 1994, and since then issues one each year—at the very least. It uses the original body sculpt.
Off-brand
These are products identified for its category, and not necessarily the brand. Supermarket chains like Hero, Carrefour, Giant often produce these substitute products. A classic example is Tensoplast, which is an off-brand of Hansaplast, which is an off-brand of Band-Aids. The brands that are not the innovator often use an inferior quality material but not always.
Homage
A work created as a tribute to something or somebody. Take the Versace Fall 2012 collection, for example. It was an homage to her brother’s, Gianni Versace, final couture show, presented just days before he was killed.
Appropriation
Using something the way it was not originally intended, without consent or permission. The most we hear of is cultural appropriation, meaning inappropriately taking the practices, customs or artefacts from another culture—particularly a dominant taking from a disadvantaged one. Cornrows, dreadlocks, turbans are common examples: people of the original cultures are ostracised for donning them, meanwhile the common public do not face such consequences.
Parody
An imitation of a certain style with exaggeration or humour. Creative director of Moschino, Jeremy Scott, is known to ironically parody pop culture artefacts, like Barbie, McDonalds, Hersheys. Logo parodies (a.k.a. plesetan) were also incredibly trendy in the early 2010s, with slogans such as ‘Ain’t Yves Without Laurent.’
Local brand Kamengski also popularised this, with memorable designs such as the Hypermart logo being labelled with ‘hypebeast’ and Palace’s triangle logo labelled with Segitiga Biru Bogasari.
In some countries, brand parody falls under fair use as the original creation is entirely modified for satire or humour. However, it depends on the brands that are being parodied. High end brands, in particular, dislike seeing their logos being turned into parodies. If the case is brought to the court, it is up to the judge to decide whether it falls under fair use.
In Indonesia, Law No. 20 Year 2016 on Trademark and Geographical Indication doesn’t specify parody as fair use. Owner of a trademark holds exclusive rights to the registered trademark.
Image: Kamengski t-shirt